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Showing posts with label CFP. Brexit. Show all posts
Showing posts with label CFP. Brexit. Show all posts

Friday 15 May 2020

Brexit negotiations - why aren't the MSM all over this?!

I think many fishermen are still waiting for some information on exactly what the government is really thinking. The spin is that the UK government is still fighting to deliver on it's promise to to back control of UK waters; the fact is, there is nothing to fight over in that respect, since the UK has become an independent coastal state by matter of law with all the rights and obligations. 

Ian Kinsey, ex fisherman, independent consultant, pragmatic bridge-builder ponders the current situation:

"The matter that needs discussing is a renegotiation of CS shares - what the UK chooses to do with any additional quota over the present RS shares is up to the government both in amount and duration. Win-win deals are negotiated not by fear and procrastination, but by creating appeal and some form of certainty. 
The mainstream media continually reiterates the UK governments aspiration for a Norwegian style fisheries arrangement with the EU; where quota levels and access are agreed annually: I participated in the annual EU-NOR fisheries negotiations 2003 -7, as part of the Norwegian delegation; quotas were discussed and agreed, but only the total allowable catches or TACs for stocks shared by the EU and Norway. What share of each stock the EU and Norway would receive, had already been agreed in 1979 by way of discussions solely for the purpose of agreeing on coastal state shares; the discussions were limited at that time to 6 main species: cod, saithe, haddock, whiting, herring, and mackerel. This was an agreement that was negotiated and agreed from a position of Norway being a third country, without any previous ties linking fishing to trade with the EU. Norway agreed a deal and became a member of the EETA in 1992, with the membership coming into effect on 1 January 1994.
The annual EU - Nor negotiations cover TAC levels in relation to scientific advice from ICES, management plans, technical regulations, quota swaps, terms of reciprocal access, and any other business AoB.
I am bewildered at the lack of interest/scrutiny from the UK media as to the details of the proposals put forward by David Frost and his team as to what the future fisheries relationship would look like in to Zonal attachment, and the course of action/timeframe needed to achieve an agreement on it. 
What responsible government would sacrifice the greater good of the country, for the sake of an industry where the symbolic value (although important for some coastal communities) far outweighs its contribution to the national GDP. Fisheries appear to be a "pothole" in the "easiest trade deal ever" road to Brexit, where the government appears to prefer digging up the whole road, rather than filling in the pothole. 
There seems to be little or no coverage in the UK media concerning the fact that the EU fully recognises the UK as an independent coastal state that has full control of its waters; and that the EU is not seeking to impose the CFP on a third country. The message coming over in the media is spun in a way that gives the impression that the EU wants to keep the UK shackled to the CFP. The EU mandate clearly states what the member states want from a future relationship on fisheries in terms of quota and access - whereas the UK hasn't been willing to put figures on the table in relation to what it deems to be a "fairer share" of the EU-UK shared "fishcake".
Fisheries will need a fisheries specific extended transition/plan for ascertaining the UK's preferred Zonal attachment as the means of defining a fairer quota share for the UK; a timeline for quota repatriation/divestment etc. All of this needs to be based on a comprehensive coherent plan."

Thoughts and comments welcome!

Saturday 7 September 2019

Does a Brexit without a deal really leave half the French fishermen at the dock?


In the wake of the loss of the majority for British Prime Minister Boris Johnson in the House of Commons, France believes that a Brexit without agreement would represent, today, the most likely scenario.

French trawler running from the Brexit storm.

While the issue of Brexit continues to stir the British Parliament, France continues to consider the consequences of leaving the European Union of the United Kingdom without agreement with Brussels. To listen to François-Xavier Bellamy, MEP LR, Wednesday, September 4 on RTL, 50% of French fishermen would stay at docks in case of Brexit hard.


No, only 30% of French fishermen who would be affected.

Thanks to the European rules in force since the 70's, France is free to go fishing in British waters. Moreover, it does not deprive itself, even if a quota system exists. In total, France is looking for around 170,000 tonnes of fish a year in British waters. This represents 30% of its total fishing, according to the national committee of marine fisheries and marine farms. This represents 30% on average, but this figure rises to 50% for Brittany, the leading fishing region in France. It even reaches 75% for the Hauts-de-France, including the port of Boulogne-sur-Mer, only about twenty kilometers from British waters.

What would a Brexit represent for French fishermen? Hard to know precisely. What is certain is that Teresa May tried in January, during the agreement negotiated with Brussels, to propose solutions for the post-Brexit. A text which would maintain, at least for a while, the current conditions of access to the territorial waters of the Member States and fishing limits. Time to negotiate a new agreement next year.

That was, therefore, in case of exit from the negotiated EU. Without an agreement with the Member States, in the event of a "no deal", and therefore a hard Brexit, the United Kingdom can unilaterally block access to its waters for all European fishermen. Any fishing on its territory will be subject to prior authorisation. But it is only in the case of a total ban on fishing that 30% (and not 50%) of French fishermen would remain at the dockside.

No, European guidelines to help fishermen have already been adopted.

It should also be noted that the European Commission has already considered this "hard Brexit" scenario. And even adopted two emergency measures at the beginning of the year. The first is to allow fishermen from the Member States to receive compensation under the European Maritime and Fisheries Fund for the temporary cessation of fishing activities.

The second amends the regulation on the sustainable management of external fleets. In short, it aims to grant EU waters access to United Kingdom vessels until the end of 2019, provided that EU vessels also benefit from reciprocal access to waters of the United Kingdom.

But the Commission itself acknowledges that these emergency measures will not be able to fully mitigate the consequences of a "no deal", nor will they fully replicate the benefits of EU membership, nor the conditions of a possible transition period.


Full story from France TV

Tuesday 12 March 2019

Comparative table: Export processes for fisheries products & Brexit options.

On the back of the government's defeat in the House tonight the prospect of no deal looms - there are indications that the consequences of such move may have huge implications for trade.

All forms of Brexit raise new barriers to trade for UK exporters. The table below summarises the differences between the options facing Brexit UK for the
export of fisheries. Note: additional controls apply for the export of live shellfish and different rules apply to the direct landing of fishery produce in EU ports.

Other aspects of trade are also subject to significant change as a result of Brexit, including insurance cover, haulage, labelling and packaging. These raise
barriers over and above those set out below.













In summary:

  • Current trading relations with the EU will change significantly. Frictionless trade within the EU is not possible for businesses located outside member states of the European Union.
  • In terms of future trade options, the only certainty that approval of the Withdrawal Agreement by the UK Parliament will bring is that the option of frictionless trade (EU membership) in the future will be off the table.
  • The avoidance of border infrastructure along the Irish Border can be avoided only if Northern Ireland remains within a customs union with the EU and aligns with Single Market rules for goods and services that are traded with Ireland. At the UK's request, to avoid a customs border in the Irish Sea if no new trade agreement has been reached between the EU and the UK, the backstop in the Withdrawal Agreement provides that a single customs territory will be established comprising the EU customs territory and the UK customs territory. However, fishery and aquaculture productsare expressly carved out of the customs territory unless there is an agreement on access to waters & fishing opportunities.



Sarah Adkins MA (Oxon) MA MCIWM CEnv Solicitor.

Friday 1 March 2019

How the EU is preparing for Brexit: European Commission adopts two contingency proposals to help mitigate impact of “no-deal” Brexit on EU fisheries

Brexit preparedness: European Commission adopts two contingency proposals to help mitigate impact of “no-deal” Brexit on EU fisheries

Given the continued uncertainty in the UK surrounding the ratification of the Withdrawal Agreement, the Commission has today adopted two legislative proposals to help mitigate the significant impact that a “no-deal” Brexit would have on EU fisheries.
This is part of the Commission's ongoing preparedness and contingency work and will help ensure a coordinated EU-wide approach in such a scenario. 
The first proposal is to allow fishermen and operators from EU Members States to receive compensation under the European Maritime and Fisheries Fund for the temporary cessation of fishing activities. This will help off-set some of the impact of a sudden closure of UK waters to EU fishing vessels in a no-deal scenario.
The second proposal amends the Regulation on the Sustainable Management of the External Fleets. The aim of this proposal is to ensure that the EU is in a position to grant UK vessels access to EU waters until the end of 2019, on the condition that EU vessels are also granted reciprocal access to UK waters. The proposal also provides for a simplified procedure to authorise UK vessels to fish in EU waters and EU vessels to fish in UK waters – should the UK grant that access. This proposal is limited to 2019 and is based on the agreement in the Agriculture and Fisheries Council of 17 and 18 December 2018 on the fishing opportunities for 2019. 
These contingency measures cannot mitigate the overall impact of a "no-deal" scenario, nor do they in any way replicate the full benefits of EU membership or the terms of any transition period, as provided for in the Withdrawal Agreement. They are limited to these specific areas where it is absolutely necessary to protect the vital interests of the EU and where preparedness measures on their own are not sufficient. As a rule, they will be temporary in nature, limited in scope and adopted unilaterally by the EU. 
Next steps
These proposals are subject to the co-decision procedure. The Commission will work with the European Parliament and the Council to ensure the adoption of the proposed legislative acts so that they are in force by 29 March 2019.  
Background
On 19 December 2018, the Commission published its third Brexit preparedness Communication, which implemented its “no-deal” Contingency Action Plan. This Communication included 14 measures in a limited number of areas where a “no-deal” scenario would create major disruption for citizens and businesses in the EU27. These areas include financial services, air transport, customs, and climate policy, amongst others.
The Commission has also published 88 sector-specific preparedness notices to inform the public about the consequences of the UK's withdrawal in the absence of any Withdrawal Agreement. These are available in all official EU languages. The Commission has also held technical discussions with the EU27 Member States both on general issues of preparedness and on specific sectorial, legal and administrative preparedness steps. The slides used in these technical seminars are available online.
The Commission will continue to implement its Contingency Action Plan in the weeks to come and will monitor the need for additional action, as well as continue to support Member States in their preparedness work.
For more information
Texts of the proposals:

Friday 18 January 2019

Brexit without agreement: the government takes place at the footpaths and ports


The Guilvinec is the premiere landing port of artisanal fishing in France.

Still no agreement found on Brexit. The "no deal" scenario is worrying. On Thursday 17 January, Edouard Philippe announced the launch of a "plan" to deal with the possibility of a sudden exit of the United Kingdom from the European Union. An announcement that resonates in Brittany.

"Our responsibility is to ensure that our country is ready and safeguard the interests of our citizens" , says Edouard Philippe. To prepare the "no deal" scenario when the United Kingdom leaves Europe, the Prime Minister sets up a "plan" .

Prepared since April 2018, it "includes legislative measures and legal measures aimed at ensuring that there is no interruption of rights and that the rights of our fellow citizens or our businesses are effectively protected" , said the head of government, Thursday, January 17.

The hypothesis of a Brexit without agreement is less and less improbable. Our responsibility is to ensure that our country is ready and to protect the interests of our fellow citizens: I decided to trigger the #Brexit plan without an agreement since April 2018.





Jobs in danger
The lack of agreement darkens the horizon of Breton ports. Nearly half of the catches of fleets come from British waters. Except that a hard Brexit would close the access of British waters to European and therefore Breton fishermen.

In Brittany, 150 crews are likely to find themselves in great difficulty. "Thousands of jobs will be impacted," warns Olivier Le Nezet, representative of the Regional Committee for Sea Fisheries and Marine Livestock (CRPMEM) of Brittany .

On 10 January, the European Parliament's Transport Committee drew up a new route for the maritime corridors in order to establish direct links between the Irish coasts and the European continent if Brexit is successful. Saint-Malo, Roscoff and Brest have found place in the device.

Édouard Philippe announced " a plan of about 50 million euros investment in French ports and airports " , or "the places most concerned by the changes to be made ".

Brexit: Breton ports integrated into the new route of maritime corridors (Use Google translate to read this article)


Resources at risk
A plan to accompany the fishing sector, which is "most likely to be hit hard by this exit without agreement" , is also under consideration. Indeed, the "no deal" would force the boats and quotas to refer to other sectors, West Britain and Golf de Gascogne.

"If all the boats that work in the British zone come to work in our areas, we will all bring the same fish for a period, so the prices will fall and the resources will be depleted " , worries Gwenael Le Floch, boss of the Damocles .

The UK is not immune
France is the largest importer of British seafood products. The United Kingdom would also have a lot to lose if the negotiations go wrong.

After the National Assembly, the Senate must finally adopt Thursday the draft law preparing France to any form that would take the exit of the United Kingdom from the European Union, including a Brexit "hard". "Five ordinances will be presented to the Council of Ministers on Wednesday and published in the next three weeks , " added Philippe.


Report Aurélie Janssens, Lionel Bonis, Gwenaël Hamon and Raphaëlle Besançon.
Posted on 17/01/2019 at 19:08

Translated by Google from the original article in French from France3.

Sunday 25 November 2018

Brexit - a political viewpoint picking up on, "should build on, inter alia, existing reciprocal access and quota shares"

Chris Higgins, Senior lecturer in Politics at the University of Suffolk with an interest in Fishing has weighed in with these observations on the exchanges being tweeted between various sectors and interested parties on Twitter and other social media:

"Seeing lots of this sort of stuff with people unhappy about Brexit and fishing. So let's unpack the issue to get a more informed take."

Here's the bit causing all the kerfuffle. It's in the declaration regarding the withdrawal agreement and political declaration. Main controversy is this phrase: "should build on, inter alia, existing reciprocal access and quota shares"

First thing's firstst. Given presence of shared fish stocks straddling the UK's & EU's (& Norway's/Faroes') EEZs, UK must strike fisheries agreements with neighbouring coastal states. If you object to idea of fisheries agreements with other coastal states, Brexit wasn't a good idea. Making fisheries agreements is literally what independent coastal states do. The fact UK would enter into one does not mean that it'll continue to be in CFP (eg Norway has a fisheries agreement with the EU, but it's not in CFP & retains full control over fishing in its EEZ)

Secondly, phrase "should build on" doing lots of work here. I see two aspects to this. 

1. Existing arrangements offer a baseline/starting point to come to new agreement, rather than a cut & paste of existing rules. It's perhaps helpful words designed to get agreement through 

2. It's likely any new UK fisheries policy will have some sort of transition to new rules. This would be similar to recent Faroes fisheries reform which effectively bans foreign ownership of licences, but allows for a 6 year transition period So for absolute clarity - after the transition period the UK will leave the CFP & on fishing within its EEZ can do whatever it wants, including negotiating a new agreement with EU on fishing. But we need also need to be honest that fishing does not operate in isolation.

Whether you like it or not trade is crucial to fishing. It's impossible to separate them and many of the examples some use to say it is possible actually don't hold up (eg Norway's is out of CFP, but also faces tariffs & limited tariff-free quotas on many seafood products) 

This gets us onto three wider points. 

First, this is a high stakes international negotiation. UK has interests and EU has interests. Don't be surprised that the EU is pushing its interests. If you don't like it - tough. Brexit will involve many more of these tensions/trade-offs.

Second, there's a wider diplomatic point we need to consider here. If the UK says it wants a close relationship with the EU and nice shiny trade deals with the rest of the world - well the EU and the rest of the world are watching the UK's behaviour.

Third, don't forget some of this from the EU side is for domestic consumption. Like the UK fishing industry, industries in other EU member states are relatively small, and feel their interests are traded off by their respective governments (sound familiar?)

https://christopherhuggins.uk/post/20181121_eu_fishing_concerns/

So to recap. 

On fishing, the UK can do whatever it wants after the transition period. But we have to be upfront and honest about the trade-offs involved in fisheries policy. Government and politicians have a responsibility here. At the moment we have empty commitments being given to the industry, promising to deliver the undeliverable. This is eroding trust which will ultimately lead to bad fisheries policy. Rather than telling the industry it can achieve the unachievable, there needs to be more dialogue. Government needs to be honest about what's at stake in the negotiations, and this means talking to all of the industry about what could work rather than making false promises."

What do you think?

Thursday 22 November 2018

The EU Common Fisheries Policy has helped, not harmed, UK fisheries

With fisheries figuring large in the current Brexit logjam and the House of Lords about to review the Landing Obligation before its full implementation in January 2019 we take another look at the CFP - from two years ago when Brexit seemed a long way off.


The EU Common Fisheries Policy has helped, not harmed, UK fisheries
by Griffen Carpenter writing for OpenDemocracy.net in 2016.

With an In/Out referendum on the horizon, we take a look at one of the EU's most maligned and misunderstood policies.



The EU Common Fisheries Policy (CFP), more commonly referred to as the EU’s “disastrous fishing policy”, the EU’s “most discredited and unpopular policy” or simply “the worst EU policy”, is without a doubt one of most maligned pieces of EU legislation. With a referendum on the UK’s EU membership on the horizon, it is important to take a step back and consider whether the CFP has helped or hurt UK fisheries.


Fishing quotas are leading to stock recovery


While ecosystems are certainly complex, the mechanics of sustainable fisheries are well understood. As fish populations have been depleted and are producing fewer offspring, efforts to reduce fishing pressure would rebuild fish stocks and lead to larger harvests in the future. It’s a key tenet of fisheries economics but it still surprises many people that sustainable management would mean higher, not lower, catches than we are currently achieving. This higher volume of catches would bring both economic and social benefits.
This key principle of reducing fishing pressure to achieve fish stock recovery is finally being implemented in EU waters. As in most fisheries in the developed world, one of the key mechanisms for preventing overfishing is the use of fishing quota – a limit on the amount of a particular fish stock that can be caught.
Quota management in the EU began for the majority of commercial fish stocks with the first CFP implemented in 1983, a time when fish stocks were at low levels and fishing pressure was still high. Gradually fishing pressure has decreased for quota species and some fish stocks are now growing. In contrast, EU fish stocks that do not fall under quota management (e.g. fish stocks in Mediterranean waters or sea bass in the Northeast Atlantic) have not seen fishing pressure decline over this time.
If we had acted sooner to reduce fishing pressure, we could already be harvesting higher yields and supporting coastal communities. Unfortunately, quota proposals to rebuild fish stocks have been resisted by some sectors within the fishing industry as “absolutely diabolical” and “catastrophic for the industry”. Now that some stocks have been rebuilt and quotas are increasing, the same voices conclude that agreed fishing quotas “get the balance right”.
It is also worth noting that even now, when stocks are being rebuilt, the UK industry’s gross profit margin has increased from a healthy 15% in 2008 to 35% in 2014 and now stands at €367 million, the highest in the EU. For the UK fishing industry, EU management seems to be delivering benefits despite protests coming from the UK itself.

Flawed negotiations are still better than no negotiations


As this industry lobbying is taking place, the Council of Ministers (formed by the fisheries Ministers from EU member states) enters closed-door negotiations each year with scientific advice on recommended fishing limits in hand but leave the negotiations with quotas often set above advice – by an average of 20% over the last 15 years. The UK is actually one on the parties walking away from negotiations with the most quota set above advice (ranking second out of fifteen member states).
On the face of it, negotiations which continuously exceed scientific advice seem to provide strong evidence for the failure of EU fisheries management. However, even these flawed negotiations are better than no negotiations, which is sometimes exactly what happens when negotiations breakdown with non-EU countries like Iceland, Norway, the Faroe Islands and Russia.
Under the threat of non-EU countries leaving the negotiation table, quotas set for fish stocks shared with non-EU countries are set higher than scientific advice by a greater amount than those stocks that only involve EU members (24% vs. 19%) from 2001 to 2015. Some of these negotiations have reached such levels of discord between the parties that they have been nicknamed the “mackerel war”, the “herring war”, and the “cod wars I and II”.
It shouldn’t be surprising that this form of loose arrangement would lead to a non-cooperative outcome when dealing with a shared resource, as economic theory predicts. The danger is that as a result of the proximity of the UK to EU members, leaving the EU would imply negotiating every single UK quota with the EU.

The UK citizen campaign to end discards has had an EU-wide impact


One of the more widely publicised criticisms of EU fisheries management is the practice of discarding fish that are undersized, unwanted or over quota. Now the EU is putting a discard ban – “the landing obligation” – in place. It is a complicated policy and is being phased in to ensure it is workable. Still, it is clear that the integrity of any quota system depends on measuring what is taken out of the water, as is the case in Norway, Iceland and elsewhere, rather than just what is landed.
The push to ban discarding came largely through a UK public campaign but having an EU-wide impact will ultimately benefit the UK, as EU countries discarding fewer fish will aid fish stock recovery.

There’s a good reason for non-British boats in our waters


You may have read that foreign countries are in our waters and catching all the British fish. While the whole concept of “British fish” is nonsensical to begin with, it’s worth exploring how quota is allocated between countries in the EU.
The allocation of quota between EU member states is largely determined by historic catch shares - the “relative stability” - of member states over a reference period (1973-78) just before the CFP was brought into force. Under this method, countries fishing in each other’s waters during the reference period continue to have the right to do so. sing a reference period is at least as reasonable as any alternative method of determining national shares and is also applied when setting quotas with countries outside of the EU.
In addition to this, the proposal to ban foreign vessels as some have advocated is likely to be incompatible with international law as many fishing rights stretch as far back as the Middle Ages. Calls for such a ban also don’t acknowledge that British boats also operate in other nations’ waters regularly to fish, sell at foreign ports and undergo vessel repairs. The UK fishing industry itself opposes such a ban.

Which fishing vessels receive quota is a national decision


Many ports around the UK only have a small fraction of the vessels they once had, but blaming the EU here doesn’t make much sense. First, technological changes have led to a reduction in the number of fishing vessels in developed countries both inside and outside the EU. Second, vessel decommissioning schemes from the EU actually helped many fishers and coastal communities through a difficult transition as quotas lessened. Third, one of the most significant issues for small ports is how quota is allocated between different fishing fleets and this is a national decision.
Consider the controversial Cornelis Vrolijk, a Dutch-owned 114-metre vessel that holds 23% of total English fishing quota. While the quota concentration is shocking, it is not a result of EU management; the vessel is deemed English under UK law and any quota assigned and requirement to land a certain share of fish in the UK is therefore set by the UK government itself.
As small ports disappear and profits for the small-scale fleet decline despite large increases for the rest of the industry, all major parties in the last UK election promised to ensure more quota for low-impact and small-scale fishing. Here, the CFP may help to ensure that this promise is implemented. While not stipulating what specific criteria are used, Article 17 of the CFP stipulates that quota should be allocated according to “transparent and objective criteria” and Greenpeace is currently taking the UK government to court for failing to implement this article which could bring tremendous economic and social benefits if implemented.

Avoiding the mistakes of individual actors exploiting common resources


Fisheries in the EU under the CFP are far from perfect and should continue to be critiqued and improved. With that said, the UK managing fisheries would likely be worse for stock recovery, worse for following scientific advice, worse for implementing UK initiatives, and worse for the many UK vessels that move anywhere near our neighbours.
Just as the history of fisheries around the world illustrates that what happens when each fisher is looking after their own interests is that a shared resource suffers, so too is the case with individual countries looking after their own interests while sharing fish stocks. The evidence bears this out: EU cooperation through the Common Fisheries Policy is benefitting UK fisheries.


This was written by Griffen Carpenter and posted on January 12 2016.



Correcting errors in the Adam Smith Institute’s Brexit report
The exit of the United Kingdom from the European Union has attracted considerable attention to how fisheries management in the UK could be reformed. With Article 50 now triggered, a fisheries expert takes a look at one of the proposals for reform.


Catch of today: A ten point plan for British fishing

The headline is a 200 nautical mile aquatic border for the UK fishing industry, protected by air and naval patrols. This proposal is worthy of consideration, unfortunately the report is full of factual inaccuracies that should be corrected to ensure an informed discussion around post-Brexit fisheries. Adding to the problems, the report contains no referencing, bibliography, or signs of review process.


Correction: European fish stocks are growing in abundance.
From the report: “the scientific evidence of dwindling fish stocks is incontrovertible” (pg. 3) and “stocks that have been depleted by years of insensitive and wasteful EU fisheries policy” (pg. 10)
The reality: Overfishing has decreased considerably over the past few decades. Official fish stock assessments reveal that in recent decades most stocks have reversed their decline and many stocks are now approaching sustainable levels – as the Common Fisheries Policy requires (O’Brien, 2016).
Correction: UK fishing is commercially viable and many fleets are highly profitable.
From the report: “With fish stocks in EU waters now too low to make it commercially worthwhile to fish them” (pg. 4) and “Leaving the EU and its Common Fisheries Policy gives the UK a chance to pursue a policy that will make UK fishing a viable and profitable enterprise” (pg. 10)
The reality: The UK has one of the most profitable fishing fleets in the EU, reporting a net profit margin of 18% in 2014 (STECF, 2016). This is a high level of profitability for almost any sector of the economy.
Correction: The UK is a behind many of EU policies that are criticised.
From the report: “The EU frequently overrides the advice of its scientists concerning what catch levels are sustainable” (pg. 2) and “The Spanish and French proved very effective at securing exemptions that prevented their own catch being compromised [by the discard ban]” (pg. 4)
The reality: Research has shown that the UK frequently pushes for quotas set above scientific advice, leaving Council negotiations with quotas set 18% above scientific advice from 2001-2015 (Carpenter et al, 2016). Regarding the discard ban, are not country-specific, as implied, but the UK industry has been one of voices pushing for these exemptions (NFFO, 2015).
Correction: The UK has never maintained a 200nm EEZ.
From the report: “Prior to its 1972 accession to the EEC, the UK maintained an EEZ of 200 miles, and exercised full control of fishing within those waters.” (pg. 2)
The reality: The UK only maintained a 12nm territorial zone prior to accession to the European Community. It created a fishing limit of 200nm in 1976 in order to comply with the Common Fisheries Policy (Fishery Limits Act 1976).
Correction: Figures around catches in the UK EEZ are misleading.
From the report: “80% of fish caught in UK waters netted by foreign boats” (pg. 1)
The reality: 68% by weight and 46% by value of fish in the UK EEZ is caught by foreign boats (Napier, 2016). Three important caveats that need to be mentioned are that these figures include vessels from non-EU countries (Norway and the Faroes), do not include catches by UK vessels in other EEZs so the figure is ‘gross’ as opposed to ‘net’), and are similar to patterns before the Common Fisheries Policy.
Correction: How quotas are allocated has always been a national responsibility.
From the report: “The Individual Transferable Quotas, as they are called, represent proportions of the total allowable catch of each species” (pg. 7) and “The effect of assigning property rights in the fish, and of using technology to police and enforce those rights, has set the world an example of how fish stocks can be sensibly exploited” (pg. 6)
The reality: How quota is allocated is already a national responsibility, unchanged by Brexit. The Netherlands, Sweden and Denmark already use ITQs.
Comment by Anonymous 
There is a role for organisations to ‘rethink’ how an issue like fisheries management is approached (and not every report needs to be academic in nature); however, this report fails to employ basic practices to ensure quality, objectivity and transparency.
The report does not list any interviews conducted to inform the research, nor does it appear to have undergone a review process from experts in the field for quality assurance. Despite many statements of fact and claims that require support, not a single reference is used and there is no bibliography at the end of the report. There is no statement of funding for this report, nor does the Adam Smith Institute list on their website where they get their funding as an organisation.
The majority of the report is devoted to an explanation of why the EU is bad for fisheries management and that there are better practices in countries outside the EU. This is a position that can be argued, but many, if not most, of the factual claims in the report are incorrect.
The first group of errors is on the basic status of EU fisheries. We read that “the scientific evidence of dwindling fish stocks is incontrovertible (pg. 3)”, “with fish stocks in EU waters now too low to make it commercially worthwhile to fish them (pg. 4)”. This view is perhaps understandable given the reporting on EU fisheries in the media, but a look at the data shows that the report has the status of EU fisheries completely backwards on both the biological and economic dimension of fisheries.
The abundance of fish stocks in EU waters, measured as the spawning stock biomass, is increasing, and most fish stocks are approaching sustainable levels – as the Common Fisheries Policy requires (O’Brien, 2016). This increasing abundance, together with increasing quota limits and low fuel prices, is now leading to an improved economic situation as well. Industry profits are high and rising, although the small-scale sector continues to struggle. The UK fleet in particular has one of the highest net profit margins in the EU at 18.3% (STECF, 2016). This level of profitability is high compared to other sectors of the UK economy. Private investment in the UK fishing industry is also increasing – a sign of optimism around continued economic returns.
Whether the biological and economic situation is better elsewhere is of course a very subjective question. However, attempting to answer this question without acknowledging the different starting points pre-EU management or the unique context of multiple political judications is a significant omission. These two issues are the central conclusions of comparative analysis of EU and alternative management systems (Marchal et al, 2016). In fact, studies have found that when countries like Norway and Iceland deal with fish stocks shared over multiple political jurisdictions they experience similar problems and actually perform worse than the EU (Carpenter et al, 2016).
Another central aspect of the ASI’s diagnosis is that the UK is a relatively small actor being dragged down by the bad actions of other EU member states.
“The French and Spanish fleets are the largest, with both countries exerting considerable pressure on the Common Fisheries Policy to sustain high levels of catches. The EU frequently overrides the advice of its scientists concerning what catch levels are sustainable, and succumbs to political pressure from member states to increase the catch levels set for their own fisheries (pg. 2).”
Presumably only the two largest fleets are referenced as the UK has 6,552 vessels, just under France’s 7,069. On fishing pressure, the statement is incorrect as the UK lands 759,000 tonnes to France’s 527,000, putting the UK in second position in the EU (STECF, 2016).
As for the quota negotiations, it is often the UK minister that is acting to push quotas limit above scientific advice, leaving Council negotiations with quotas set 18% above scientific advice from 2001-2015 (Carpenter et al, 2016).
On the discard ban, we read that “the Spanish and French proved very effective at securing exemptions that prevented their own catch being compromised (pg. 4)”. Not only do these exemptions apply regardless of nationality, the UK industry has been active in lobbying for exemptions and have celebrated their success in achieving them (
Putting all of these factual inaccuracies to the side for a moment, there is also good reason to think that since fish stocks will inevitably be shared, even if the UK were the angel of EU fisheries policy, there is still good reason to want universal standards and a total limit on fishing quotas across countries.
The section of the report praising private property, markets and the system of individual transferable quotas (ITQs) in fisheries management is largely irrelevant to the Brexit discussion. How to allocate fishing quota is already a national decision and some EU countries like the Netherlands, Sweden and Denmark have chosen to use ITQ systems.
The headline proposal of a 200 nautical mile militarised border is worthy of consideration, unfortunately it too is supported by a number of factual inaccuracies. “Prior to its 1972 accession to the EEC, the UK maintained an EEZ of 200 miles, and exercised full control of fishing within those waters (pg. 2)”. It is unclear where this idea comes from. The UK extended its EEZ to 200nm in 1976 in order to comply with the Common Fisheries Policy (Fishery Limits Act 1976). In a strict sense, taking UK fisheries policy back before EU management would mean a limit of 12nm.
The report claims that in this potential EEZ, “Some 80% of fish caught in UK waters has been caught by non-UK ships, according to British Sea Fishing (pg. 1).” No reference for this is provided on the British Sea Fishing website. The correct figures are that 68% by weight and 46% by value of fish in the UK EEZ is caught by foreign boats (Napier, 2016). Three important caveats that need to be mentioned are that these figures include vessels from non-EU countries (Norway and the Faroes), do not include catches by UK vessels in other EEZs (so the figure is ‘gross’ as opposed to ‘net’), and are similar to patterns before the Common Fisheries Policy.
Despite these inaccuracies, it may be the case that a militarised border fence would improve UK fisheries. However, there are several key questions that need to be answered that the report fails to engage with:
  • How will a border help protect migratory fish stocks and prevent one or both sides from overexploiting an inevitably shared resource?
  • Would this proposal have the purported benefits of property rights as fish stocks are mobile and can never be exclusive?
  • How do the costs of enforcement compare to the potential gains from enforcement?
  • Why is this proposal preferable to a mutual agreement to share or swap access, especially as neither UK vessels nor UK markets have much interest in some species?
  • What would the impact of a border be on the overall efficiency fishing in European waters?
  • Does such a proposal risk tariffs on UK fish products? How would the benefits and costs of that risk compare?
These are important questions to answer. There may be some arguments for why a militarised aquatic border would improve UK fisheries, but the evidence provided and the great many oversights do not do it any justice.

This was posted on April 4th 2017 by the sustainablefisheries-uw.org

Thursday 1 November 2018

Fishing after Brexit: voices from the coast



It's often stated by politicians that the fishing industry voted for Brexit in order to escape from the EU fishing quotas. This ignores the voices of the smaller fishermen, who are fishing in a much more sustainable way and are often based in rural communities. Alasdair Macleod was strongly anti-Brexit and it seems many fishermen like him round the UK feel the same way. Their interests and opinions must be taken into account in the chaos of the negotiations. The powerful voice of the SFF, which represents the big industrial boats in Scotland, must not be allowed to prevail.

There is an opportunity here for a new approach to fishing policy, which enables the creation of a sustainable fishing industry, managed locally by people who take responsibility for ensuring the stocks remain healthy.
Please listen to the fishermen from round the UK (including lots of locals) speaking out in this film and if you are able to support them in any way, please do so, even if it's just to challenge the oft quoted claim that Brexit will benefit the UK fishing fleet.

Small-scale fishers make up the majority of the 12,000 fishers in the UK, but often don't have a voice in decision-making. So this summer, we travelled to ports around the UK to talk to them and others and industry about Brexit, and their hopes for the future of UK fishing.

Film courtesy of the New Economics Foundation.

Friday 26 October 2018

Flag ships post-Brexit - a Spanish perspective.

Galician boats of British pavilion will be able to continue fishing after "Brexit"

London says it will maintain rights and license conditions to operate in its waters


They are Galicians, but they sail through the waters waving the flag of the Union Jack. They disguise their ships (80 in particular) with British veils to fish in the fishing grounds of Gran Sol and the North Atlantic, where the European Union has limited entry to the Spanish fleet, hungry for quotas. In Galicia they are known shipowners in the ports of Vigo, O Morrazo, Burela, Celeiro or A Coruña, but for their Anglo-Saxon competitors they are pirates who, instead of raiding and looting in the old way, have adopted the strange habit of paying licenses. and taxes to the authorities of the United Kingdom to be able to fish with Galician staff in their territorial waters. And the British fishermen want them out of their seas. With the Brexit they have seen a golden opportunity to expel them and put an end to quota-hopping , as they have called this supposed pillage of their fishing resources. Despite the enormous pressure they have exerted on the Government of Theresa May, the negotiating team of the prime minister is not about the task of taking up arms against the twenty-seven to satisfy historical accountability of her fleet. Not even if the United Kingdom leaves the EU on March 29, 2019 without an amicable divorce agreement.


THE AGREEMENT:

Legal security to continue working. According to the latest working documents of Downing Street, the British Government would be willing to offer legal security to the Galician ships of the British flag to continue fishing after Brexit . "There will be no changes in the rights and responsibilities of vessels registered in the United Kingdom that fish in British waters. They will continue to abide by the respective legislation and the license conditions, including the linked economic criteria ", explained in those documents, without clarifying whether they will continue to issue new permits in the future. 

FIRST QUESTIONS:

What quotas will there be? Can they disembark in Galicia? Ships will be exposed to the arbitrary decision of the British fishing authorities. "We will communicate to the interested parties what their corresponding allocation will be," the document suggests. On the disembarkation in the Galician ports, in the absence of an agreement on Brexit , the EU will close the doors: "There will be no automatic access for British flag vessels to Community or third-country waters (...) British flag will no longer have automatic right to land fish in any EU port" And it will also be vice versa. So the Galician ships that work in the Falklands will have to look for alternative fishing grounds if the EU and the United Kingdom do not extend a truce. 

MARKETING:

The same standards. The United Kingdom expects a left hand from Brussels regarding the commercialisation of fishery products and the mutual access of vessels to ports on both sides of the English Channel, upon notification. London is willing, if it were not possible to close a global agreement, to submit to the same rules of EU control and labeling: "The standards will remain the same, including those that regulate quality, size, weight, packaging, presentation, labeling and minimum sizes of commercialisation ", they assure.

THE EXPORT:

Same certificates. British and EU exporters must request a catch certificate detailing all the information required by the EU today: name of the species, date, method of capture and conservation ... The document should be sent to the competent Port Health Authority to be checked at least three days before the estimated date of arrival at port. Despite the anticipation of the change of rules, the British presage a great impact on supply chains: "Trade is vital, including for aquaculture and the processing sector, so it is important that our new fishing regime allows the industry commercial with the current and new markets". The EU has made it clear that the exit will have a cost. There will be no exchanges if mutual access to the waters is not guaranteed.

Translated by Google from LavozdeGalicia

Thursday 25 October 2018

GOVE LAUNCHES FISHERIES BILL TO TAKE BACK CONTROL OF UK WATERS

GOVE LAUNCHES FISHERIES BILL TO TAKE BACK CONTROL OF UK WATERS

Camborne (Cornwall) MP for Fishing, George Eustice spoke on BBC Radio 4's Today programme this morning before the Fisheries Bill was published.




Whatever Defra or the Government says, of all UK fisherman, it is the inshore Under 10m fishermen (who make up over 80% of the workforce) who will most likely to feel the consequences of Brexit and the new Fisheries Bill - and yet, even their collectively fishing effort, which was mostly never taken into account, has little consequence on the overall state of NE Atlantic ICES areas fish stocks.


Defra posted this summary of the Bill:
  • The Fisheries Bill is a major milestone in delivering our promise to take back control of our waters, so that we decide who may fish in our waters and on what terms
  • It creates the powers to build a sustainable and profitable fishing industry, in the best interests of the whole UK and future generations
  • The Bill delivers a Green Brexit by extending powers to protect and enhance our precious marine environment
  • Scottish, Welsh and Northern Ireland to get more decision powers than ever before

Legislation creating the powers the UK needs to operate as an independent coastal state after leaving the EU is being introduced into Parliament today (25 October 2018).

For the first time since 1973, the Fisheries Bill will enable the UK to control who may fish in our waters and on what terms.

The Bill also gives the UK the power to implement new deals negotiated with the EU and with other coastal States and manage fisheries more effectively and sustainably in future.

At its heart the Bill delivers on the UK government’s commitment to sustainable fishing and marine conservation as set out in the 25-Year Environment Plan by:


  • Controlling access – by ending current automatic rights for EU vessels to fish in UK waters. In future, access to fish in UK waters will be a matter for the UK to negotiate and we will decide on the terms – foreign vessels would have to follow our rules. These negotiations with the EU are continuing and the Bill will provide us with the powers to implement the agreement
  • Setting fishing opportunities – by proposing powers to ensure that the UK can set its own fishing quota and days at sea, which it will negotiate as an independent coastal State. As now, the UK government will consult the Devolved Administrations.
  • Protecting the marine environment – by ensuring fisheries management decisions are taken strategically for the benefit of the whole marine environment. The Bill extends powers to the Marine Management Organisation and the Devolved Administrations to protect our seas.


The new legislation also proposes ways in which the UK government and the Devolved Administrations will work together to adopt common approaches to fisheries management in certain areas - including preserving UK vessels’ right to fish across the four zones of UK waters and creating a consistent approach to managing access of foreign vessels. The four fisheries Administrations will set out in a joint statement how they will work together to achieve the Bill’s sustainability objectives.

Environment Secretary Michael Gove said:

“This new Fisheries Bill will allow us to create a sustainable, profitable fishing industry for all of the UK. It will regenerate coastal communities, take back control of our waters and, through better conservation measures, allow our precious marine environment to thrive.

“The Common Fisheries Policy has damaged the UK’s fishing industry and our precious fish stocks. The Bill will deliver a sustainable fishing industry, with healthy seas and a fair deal for UK fishermen.”

The Bill also provides powers to reform fisheries rules. To ensure legal continuity, the EU (Withdrawal) Act transferred CFP rules into UK law. This Bill allows government to amend fisheries legislation to respond to scientific advice and innovation quickly - something the CFP failed to do - and to meet our international obligations.

In addition, the Fisheries Bill introduces powers to create new schemes in England to help seize the opportunities of Brexit. These include:


  • a new scheme to help the fishing industry comply with the landing obligation to end the wasteful discarding of fish, and
  • powers to tender additional English quota